In the event the city engineer determines in accordance with federal, state, and local regulations, or the city engineer and a developer or property owner, hereinafter "developer," jointly determine it is in the parties' mutual interest that certain public improvements or betterments to be owned, operated, and maintained by the city be constructed upon public/private property, the following procedures shall be followed. The process set forth herein may be used in conjunction with the construction of streets, alleys, driveways, sidewalks, water systems, sanitary sewer systems, storm sewer systems, traffic and street lighting systems, and other public improvements and infrastructure, hereinafter referred to as "public improvements."
(1) 
As a condition to undertaking the procedures set forth herein, the developer shall make application to the engineering division for a public improvements permit. Such permit application shall be made on a form prescribed by the engineering division and the fees paid connected therewith as referenced in LMC § 12.10.030. Permits pursuant to this chapter may be issued by the office of the city engineer upon receipt of a written application, required supporting documents, and upon the payment of the required permit fees.
(2) 
Prior to the issuance of a public improvements permit, the developer proposing to construct the public improvements shall provide the engineering division with copies of all surveys, grades, engineering design data, and construction plans and specifications deemed necessary by the city engineer for construction of the proposed public improvements. Such documents shall not be approved unless they are in conformance with all codes, the city public works standard plans and specifications in effect at the time of developer plan submittal and contain such detail as the city engineer shall deem sufficient to properly construct the public improvements.
(3) 
Following approval of the construction plans and specifications, but prior to the issuance of a public improvements permit, the developer shall provide:
(a) 
Payment of fees; and
(b) 
Tabulation of bids received to construct the public improvements (optional); and
(c) 
Required permits; and
(d) 
Copy of contractor's city business license; and
(e) 
Any other documentation as shall be required.
(4) 
For all public improvements to be constructed on public property or public easements, following approval of the construction plans and specifications, but prior to the issuance of a public improvements permit, the developer shall also provide:
(a) 
Contractor's public liability and property damage insurance certificate; and
(b) 
Indemnity agreement; and
(c) 
Performance bond/letter of credit/cashier's check (required for improvements with cumulative costs exceeding $10,000).
(5) 
To coordinate the work, the developer shall schedule a preconstruction conference at a time and place acceptable to the city engineer and representatives of other affected local utilities. This conference shall be held prior to commencement of work and following issuance of all required permits.
(6) 
The developer shall be responsible for all necessary construction staking, which shall be certified by a professional engineer or land surveyor registered in the state of Washington.
(7) 
The developer or their agent shall notify the city engineer in writing at least four working days prior to the proposed date and time of commencement of the construction phase. The developer shall make arrangements for a city inspector to be at the job site at the time work is initially commenced. Thereafter through the construction phase of the project, a representative of the engineering division shall inspect from time to time the progress of work and shall have authority to direct changes or to stop work as deemed necessary.
(8) 
After completion of all construction, but prior to acceptance of the completed work by the city engineer, the developer shall furnish the city engineer with a reproducible set of plans, plus an electronic version of the plans showing the "as-built" condition of the work. The electronic version shall be AutoCAD-compatible and drafted to city of Longview standards for conversion into GIS. "As-built" plans shall show all construction changes, alignment, and grade changes, all added and deleted items, and other engineering data, all of which shall be certified by an engineer registered in the state of Washington and responsible for the work.
(9) 
Acceptance of the public improvements by the city shall take the form of a certificate of acceptance and shall not occur until the improvements have been certified as in compliance with all inspections and the provisions set forth herein. Acceptance shall also be conditioned upon submittal of a warranty bond in an amount determined by the city engineer for pump stations and all associated equipment, water reservoirs and traffic signals and other specialty equipment to insure, guarantee and warrant the proper functioning of the system or facility. Such warranty bond shall be issued by a surety company licensed to engage in business in the state of Washington having a current A.M. Best rating of not less than A:VII and shall be subject to approval by the city attorney.
(10) 
In the event the public improvements are built on property not owned by or dedicated to the city, acceptance of the improvements shall not occur until the property is conveyed or otherwise dedicated to the city using a method and form approved by the city attorney. Acceptance of the public improvements shall occur simultaneously with the dedication or conveyance of the real property in question unless such dedication or conveyance occurs prior to completion of the public improvements and compliance certification by the city engineer.
(11) 
Public improvements that have a design approval over two years old shall be redesigned to meet the most current standards and specifications. Plans and specifications for such public improvements shall be resubmitted for approval prior to starting construction.
(12) 
The developer shall execute a document acknowledging that he has reviewed all the terms and conditions of this chapter and agrees to fully comply therewith.
(13) 
Subject to the appeal provisions of LMC § 12.08.100, the city engineer may deny the issuance of a permit to any person or entity that has failed within the past three years to comply, or is presently not in compliance, with the provisions of this chapter, or has demonstrated a past history of performing work in the city of Longview that has caused damage to public infrastructure, or which was performed in violation of the law.
(Ord. 1945 § 1, 1979; Ord. 2910 § 1, 2004; Ord. 3465 § 3, 2022; Ord. 3528 § 1, 2024)
To the extent not specifically described herein and as a supplement to the procedures set forth in LMC § 12.10.010, the city engineer and developer shall follow the procedures more specifically detailed in that certain document entitled "City of Longview Procedures Manual for Construction of Public Improvements by Developers and Property Owners."
(Ord. 1945 § 1, 1979; Ord. 2910 § 2, 2004; Ord. 3528 § 1, 2024)
Fees shall be charged to the developer for plans and specifications review, administration, and field inspection of the public improvements by the engineering division. Such fees shall be in addition to plat checking, environmental review, building code permits and other fees as may be otherwise required. Fees and charges associated with work performed in the right-of-way, as referenced in Chapter 12.08 LMC, will not apply to public improvements permitted and constructed under this chapter.
Bids received by the developer, along with city-maintained historical bid information, will be considered by the city engineer when establishing the costs of public improvements for the purpose of calculating the public improvements permit fees.
The public improvement permit fees to be charged are as follows:
(1) 
Application Fee. This fee is required at the time of plans review submittal and will be applied to the fee determined for the plan review and field inspection fee if the public improvements permit is obtained within one year of design approval. The application fee is nonrefundable and is considered the minimum plan review and inspection fee.
(2) 
Plan Review and Field Inspection Fee.
(a) 
The fee for review, administration, and inspection in connection with construction of public improvements.
(i) 
The public improvement permit fees will be assessed as detailed in the city of Longview master fee schedule as periodically set by the city manager and approved by city council.
(b) 
Review, administration, and inspection fees shall be based upon the project cost provided by applicant and as reviewed and approved by the city engineer.
(c) 
Permit fees shall be paid in accordance with one of the following options, to be selected by the developer prior to initial permit issuance:
(i) 
Separate permit issued for each type of public improvement, with full permit fee required prior to permit issuance.
(ii) 
One permit issued for all public improvements, with 50 percent payment toward permit fee required prior to permit issuance and remaining 50 percent payment toward permit fee required prior to final acceptance of the improvements. A payment bond is required to ensure the second payment.
(iii) 
One permit issued for all public improvements, with full permit fee required prior to permit issuance.
(3) 
Related Indirect Expenses. All related indirect expenses incurred by the city of Longview which are associated with design and construction inspection will be billed directly to the developer. Examples of the expenses anticipated include but are not limited to:
(a) 
Cowlitz County auditor's recording fees associated with recording of easements and rights-of-way dedicated to the city of Longview as may be required.
(b) 
Quality assurance sampling and testing.
(c) 
Environmental studies, analyses, determinations, and reports required by SEPA.
(4) 
If a person is found to be performing work without a valid permit, that person shall be required to obtain a permit. All permit fees shall be increased as shown in the master fee schedule.
(Ord. 1945 § 1, 1979; Ord. 2910 § 3, 2004; Ord. 3528 § 1, 2024)
Minor public or private improvements constructed within the public right-of-way will be administered under Chapter 12.08 LMC. Minor public or private improvements include sewer laterals, sidewalks, driveway approaches, water service lines serving a single parcel, and any other work identified as being minor by the city engineer.
(Ord. 1945 § 1, 1979; Ord. 2910 § 4, 2004; Ord. 3528 § 1, 2024)
(1) 
The approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions with regard to the construction of public improvements otherwise contained in this code.
(2) 
The issuance or granting of permits or approval of plans shall not prevent the city engineer from thereafter requiring the correction of errors in the plans and specifications or from preventing construction operations being carried on thereunder when in violation of any pertinent provision of this code.
(3) 
Any person violating any provision of this chapter shall be punished in accordance with the provisions of Chapter 1.30 LMC.
(Ord. 2910 § 5, 2004; Ord. 3528 § 1, 2024)